MARTS v. MCNEIL

Filing 15

REPORT AND RECOMMENDATION re 14 MOTION to Dismiss filed by JOHNNIE PUTTS, 6 Amended Complaint filed by SIDNEY MARTS, JOHNNIE PUTTS: It is recommended - That plaintiff JOHNNIE PUTTS' motion be GRANTED, that his claims a gainst defendants be dismissed without prejudice, and that the Clerk be directed to close the file. Internal deadline for referral to district judge if objections are not filed earlier: 2/10/2009. Signed by MAGISTRATE JUDGE MILES DAVIS on January 13, 2009.(cc: Putts) (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SIDNEY MARTS, JOHNNIE PUTTS, Plaintiffs, vs. WALTER A. MCNEIL, et al., Defendants. Case No. 3:08cv504/WS/MD

REPORT AND RECOMMENDATION This civil rights action is before the court upon referral from the Clerk. On January 9, 2009 plaintiff Johnnie Putts filed a motion to voluntarily dismiss his claims (doc. 14). Pursuant to FED.R.CIV.P. 41(a)(1), the motion should be granted. Accordingly, it is respectfully RECOMMENDED: That plaintiff Johnnie Putts' motion (doc. 14) be GRANTED, that his claims against defendants be dismissed without prejudice, and that the Clerk be directed to close the file.1 At Pensacola, Florida, this 13th day of January, 2009.

/s/

Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE

1

P l a i n t i f f Sid n e y M a r t s previo u s l y dismisse d all o f his claim s . (See Doc s . 10, 11, 13).

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NOTICE TO THE PARTIES Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of objections shall be served upon all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).

Case No: 3:08cv504/WS/MD